Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.231Standards of Practice: Minimum Inspection Requirements for Plumbing Systems
ISSUE 05/16/2014
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Plumbing systems. The inspector shall:

  (1)report:

    (A)location of water meter;

    (B)location of homeowners main water supply shutoff valve; and

    (C)static water pressure;

  (2)report as Deficient:

    (A)the presence of active leaks;

    (B)the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;

    (C)the lack of an expansion tank at the water heater(s) when a pressure reducing valve is in place at the water supply line/system;

    (D)the absence of:

      (i)fixture shut-off valves;

      (ii)dielectric unions, when applicable;

      (iii)back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and

    (E)deficiencies in:

      (i)water supply pipes and waste pipes;

      (ii)the installation and termination of the vent system;

      (iii)the performance of fixtures and faucets not connected to an appliance;

      (iv)water supply, as determined by viewing functional flow in two fixtures operated simultaneously;

      (v)fixture drain performance;

      (vi)orientation of hot and cold faucets;

      (vii)installed mechanical drain stops;

      (viii)commodes, fixtures, showers, tubs, and enclosures; and

      (ix)the condition of the gas distribution system.

  (3)The inspector is not required to:

    (A)operate any main, branch, or shut-off valves;

    (B)operate or inspect sump pumps or waste ejector pumps;

    (C)verify the performance of:

      (i)the bathtub overflow;

      (ii)clothes washing machine drains or hose bibbs; or

      (iii)floor drains;

    (D)inspect:

      (i)any system that has been winterized, shut down or otherwise secured;

      (ii)circulating pumps, free-standing appliances, solar water heating systems, water-conditioning equipment, filter systems, water mains, private water supply systems, water wells, pressure tanks, sprinkler systems, swimming pools, or fire sprinkler systems;

      (iii)inaccessible gas supply system components for leaks;

      (iv)for sewer clean-outs; or

      (v)for the presence or performance of private sewage disposal systems; or

    (E)determine:

      (i)quality, potability, or volume of the water supply; or

      (ii)effectiveness of backflow or anti-siphon devices.

(b)Water heaters. The inspector shall:

  (1)report:

    (A)the energy source;

    (B)the capacity of the units;

  (2)report as Deficient:

    (A)inoperative units;

    (B)leaking or corroded fittings or tanks;

    (C)damaged or missing components;

    (D)the absence of a cold water shut-off valve;

    (E)if applicable, the absence of a pan or a pan drain system that does not terminate over a waste receptor or to the exterior of the building above the ground surface;

    (F)inappropriate locations;

    (G)the lack of protection from physical damage;

    (H)burners, burner ignition devices or heating elements, switches, or thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;

    (I)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

    (J)when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;

    (K)the absence of or deficiencies in the temperature and pressure relief valve and discharge piping;

    (L)a temperature and pressure relief valve that failed to operate, when tested manually;

    (M)in electric units, deficiencies in:

      (i)performance of heating elements; and

      (ii)condition of conductors; and

    (N)in gas units:

      (i)gas leaks;

      (ii)flame impingement, uplifting flame, improper flame color, or excessive scale build-up;

      (iii)the absence of a gas shut-off valve within six feet of the appliance;

      (iv)the absence of a gas appliance connector or one that exceeds six feet in length;

      (v)gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings;

      (vi)deficiencies in:

        (I)combustion and dilution air;

        (II)gas shut-off valves;

        (III)access to a gas shutoff valves that prohibit full operation;

        (IV)gas appliance connector materials; and

        (V)vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.

  (3)The inspector is not required to:

    (A)verify the effectiveness of the temperature and pressure relief valve, discharge piping, or pan drain pipes;

    (B)operate the temperature and pressure relief valve if the operation of the valve may, in the inspector's reasonable judgment, cause damage to persons or property; or

    (C)determine the efficiency or adequacy of the unit.

(c)Hydro-massage therapy equipment. The inspector shall:

  (1)report as Deficient:

    (A)inoperative units;

    (B)the presence of active leaks;

    (C)deficiencies in components and performance;

    (D)missing and damaged components;

    (E)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; and

    (F)the absence or failure of operation of ground-fault circuit interrupter protection devices; and

  (2)The inspector is not required to determine the adequacy of self-draining features of circulation systems.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 1, 2014

TRD-201402084

Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Effective date: May 21, 2014

Proposal publication date: February 28, 2014

For further information, please call: (512) 936-3092



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